Texas Mineral Titles Flashcards
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Questions and Answers

What is a federal tax lien?

A lien the government files against property when someone has not filed their taxes.

A federal tax lien remains valid even if it is old.

True

What is an ad valorem tax lien?

A lien that attaches to property when ad valorem taxes are not paid.

What presumption applies to a blind trustee?

<p>The authority of the trustee to convey, transfer, or encumber the title to the property.</p> Signup and view all the answers

Who must execute the conveyance if the title is in the name of the partners?

<p>All named partners must execute the conveyance.</p> Signup and view all the answers

In Texas, community property not divided by the court ends up owned equally by the parties as _____.

<p>tenants in common</p> Signup and view all the answers

Which of the following items are considered separate property in Texas?

<p>All of the above</p> Signup and view all the answers

What happens to the decedent's share of community property when they die intestate?

<p>It goes to the surviving spouse if children are from the same marriage.</p> Signup and view all the answers

What must accompany an exemplified copy of a will probated outside of Texas?

<p>A three-way certificate signed by the court in that state.</p> Signup and view all the answers

Name variances can rebut the presumption of identity with prior grantees.

<p>True</p> Signup and view all the answers

What is the fundamental concept behind the Small Bill enacted in March 1929?

<p>It validated patents to lands crossing navigable streams under certain conditions.</p> Signup and view all the answers

What is required to establish affidavits of heirship?

<p>Two disinterested witnesses who testify about the family history.</p> Signup and view all the answers

Match the following elements of oil and gas leases:

<p>Primary term = The initial period for drilling a well Continuous development = Allows lease to remain in force with new drilling Proportionate reduction clause = Reduces royalty payments based on mineral estate ownership</p> Signup and view all the answers

What is Standard 4.70 regarding Duty of Inquiry Based on Actual Notice?

<p>The examiner should advise the client of matters affecting the title that are known by the examiner even though not revealed by the record, including unfiled instruments and facts known to the examiner that would impart either actual or inquiry notice of matters affecting title.</p> Signup and view all the answers

What does Standard 4.50 state about Constructive Notice?

<p>An examiner should examine all instruments within the record chain of title as of the date and time of the examination, including instruments that have been recently filed for record but not yet indexed.</p> Signup and view all the answers

What does Standard 16.10 define as necessary for a nonjudicial foreclosure?

<p>All statutory and contractual requirements for a nonjudicial foreclosure sale must be satisfied, including the power of sale, default under the instrument, proper appointment of the trustee, and compliance with statutory requirements.</p> Signup and view all the answers

How should separate property be treated in a divorce according to Standard 14.100?

<p>Absent a conveyance or agreement between the parties or a judicial decree imposing an equitable lien, the separate property of each spouse should be treated as unaffected by a divorce or annulment.</p> Signup and view all the answers

What is the presumption regarding property acquired during marriage as stated in Standard 14.10?

<p>An examiner should presume that real property acquired during marriage is community property, whether acquired in the name of one or both spouses.</p> Signup and view all the answers

What are the basic elements of a mineral title opinion?

<ol> <li>Addressee, 2. Type of Opinion, 3. Legal Description of Land, 4. Materials Examined, 5. Fee Title, 6. Comments and Requirements, 7. Exhibits.</li> </ol> Signup and view all the answers

What issues cannot be addressed in a mineral title opinion according to the provided standards?

<p>UBIFMFD - unfiled liens, boundaries of property, incompetency, fraud, minority, forgery, duress.</p> Signup and view all the answers

You can rely on prior title opinions without reservation.

<p>False</p> Signup and view all the answers

What dates correspond to the Relinquishment Act?

<p>1895-1931</p> Signup and view all the answers

In the example of H giving an oil and gas lease to A, who does not record, and then conveying to B who records, who wins?

<p>B wins because B did not have notice of the prior lease - he is a BFP (bona fide purchaser).</p> Signup and view all the answers

In the scenario where B records after A signs with C, who wins between C and B?

<p>B still wins because C steps into the shoes of A, and B remains a bona fide purchaser.</p> Signup and view all the answers

If a writing does not give an adequate description of property, the whole instrument is valid.

<p>False</p> Signup and view all the answers

What does the term 'Blanket Conveyances' imply?

<p>Covers all properties owned in a county</p> Signup and view all the answers

What is the Strip & Gore Doctrine?

<p>If a deed conveys an interest in land bounded by a non-navigable stream or a right-of-way, the grantee will take title to the center line unless otherwise provided.</p> Signup and view all the answers

What is articulated in Hooks v. Neill regarding conveyed amounts?

<p>Conveyed means dividing the amount reserved by the amount conveyed.</p> Signup and view all the answers

What is established in King v. FNB Wichita Falls regarding descriptions in deeds?

<p>Described means all; fractions designated in a deed are calculated upon the entire mineral interest.</p> Signup and view all the answers

What does Minchen v. Hirsch signify regarding the phrase 'Out of'?

<p>'Out of' means the full interest, indicating that handwriting prevails over printed forms.</p> Signup and view all the answers

What does U.S. Shale v. Laborde explain about fixed vs floating royalties?

<p>A fixed royalty is unchanging and a fraction of total production, while a floating royalty is dynamic and relates to the current royalty stated in a modern lease.</p> Signup and view all the answers

What is the role of a Supplemental Runsheet?

<p>'I will require that they bring the runsheet up to date.'</p> Signup and view all the answers

You can reserve minerals to a stranger to the title.

<p>False</p> Signup and view all the answers

What is the statute of limitations for a Deed of Trust?

<p>Four years after the note matures, the deed of trust is void.</p> Signup and view all the answers

What should be done with expired oil and gas leases?

<p>Get a release from the original owner or file an affidavit of non-production.</p> Signup and view all the answers

What is an Affidavit of Non-Production?

<p>A correction document, sworn to by a person knowledgeable of that property.</p> Signup and view all the answers

What were the requirements for acknowledgments by a wife prior to 1963?

<p>The wife had to be separated from the husband and sign a separate acknowledgment confirming her interest in the property.</p> Signup and view all the answers

What authority did a husband have over community property prior to 1968?

<p>A husband was considered the manager of community property and could sell it without the joinder of the wife.</p> Signup and view all the answers

What does Lis Pendens refer to?

<p>A notice of pending legal action on a piece of real property.</p> Signup and view all the answers

What are recitals in legal documents?

<p>Statements of fact made in deeds, leases, mortgages, and other documents that may carry less probative force than affidavits.</p> Signup and view all the answers

Defective acknowledgments require curing if they have been recorded for less than twenty years.

<p>True</p> Signup and view all the answers

What issues do easements and rights of way present during exploration?

<p>They disclose the existence of easements and rights of way of record which should be avoided during exploration and drilling operations.</p> Signup and view all the answers

What is defined as a gift mineral deed?

<p>Property given for love and affection is an automatic gift, while property given for consideration is not.</p> Signup and view all the answers

What happens if you become aware of title issues outside of the record?

<p>You have a duty to investigate.</p> Signup and view all the answers

Assume a misfiled instrument is still on record, what does this imply?

<p>You are still on notice of the instrument as long as it's filed.</p> Signup and view all the answers

What constitutes the 'Duty to Inquire'?

<p>If you see something off while reading the chain of title, then you have a duty to investigate.</p> Signup and view all the answers

What is a correction instrument according to the 2011 statute?

<p>A deed that serves to correct or negate a mistake made between parties who have contracted an original deed agreement.</p> Signup and view all the answers

What is required for NPRI owners in separate tracts regarding communitization?

<p>Requires a broad pooling clause that must be consented to by NPRI owners.</p> Signup and view all the answers

What is the consequence of a conveyance by a stranger to title?

<p>Anything conveyed by a stranger to title is void.</p> Signup and view all the answers

What is necessary regarding guardianship proceedings in property transactions?

<p>Require to see that guardianship proceedings and the authority they have to convey that property.</p> Signup and view all the answers

What are the requirements for establishing adverse possession of severed minerals?

<p>The minerals must be produced for 10 years.</p> Signup and view all the answers

What does the Fertile Octogenarian Rule imply?

<p>Any living person is capable of having a child; descendants is an open class of remaindermen.</p> Signup and view all the answers

What are the basic elements of non-judicial foreclosure according to Standard 16.10?

<ol> <li>Security instrument confers power of sale; 2. Default under terms of the instrument; 3. Proper appointment of trustee; 4. All statutory requirements met; 5. Any additional requirements met; 6. Delivery of trustee's deed.</li> </ol> Signup and view all the answers

What must be abstracted in an Abstract of Judgment?

<p>Name, address, driver's license, etc.</p> Signup and view all the answers

Study Notes

Standards of Title Examination

  • Standard 4.70: Duty of Inquiry mandates examiners to investigate known matters affecting title beyond the record, including unfiled instruments.
  • Standard 4.50: Constructive Notice requires review of all instruments in the chain of title as of the examination date, ensuring the inclusion of recently filed yet unindexed instruments.

Foreclosure and Divorce Proceedings

  • Standard 16.10: Nonjudicial Foreclosure necessitates compliance with statutory and contractual requirements for a foreclosure sale, including power of sale and proper trustee appointments.
  • Standard 14.100: In divorce or annulment cases, separate property remains unaffected unless otherwise dictated by an agreement or court decree. Community property is equally owned unless divided.

Property Acquisition and Ownership

  • Standard 14.20: Gifts, devises, or descent acquired during marriage are treated as the acquiring spouse's separate property if the donor's intent is clear in the deed.
  • Standard 14.10: A general presumption exists that real property acquired during a marriage is community property.

Mineral Title Opinion Requirements

  • Requires detailed elements like addressee, type of opinion, legal description, examined materials, fee title ending date, comments on title quality, and exhibits like oil and gas lease analyses.
  • Issues not addressed in mineral title opinions include unfiled liens, property boundaries, and instances of fraud or duress.
  • Prior title opinions can be relied upon but caution is advised, as the client must be informed if there’s any lack of familiarity.
  • Relinquishment Act: Historical context and procedure for mineral rights from 1895 to 1931; requires contacting the general land office for classifications.
  • Priority of Records: In Texas, a bona fide purchaser (BFP) wins priority by recording without knowledge of prior unrecorded leases.
  • Statute of Frauds: Requires precise land descriptions in deeds; inadequate descriptions lead to void instruments.
  • Blanket Conveyances: A document implying the purchase of a specific interest can convey all land owned in the involved county.
  • Strip & Gore Doctrine: Title to land adjacent to certain geographical features is automatically granted to the center unless specified otherwise.

Important Case Laws

  • Hooks v. Neill: Clarifies how reserved fractions in conveyances are calculated based on the grantor's fractional interest.
  • King v. FNB Wichita Falls: Established that "described" means ownership of the entire mineral interest listed in a deed.
  • U.S. Shale v. Laborde: The case differentiates fixed versus floating royalty interests and highlights the effects of historical assumptions on current legal interpretations.

Conveyance Regulations

  • Gift Mineral Deeds: Emphasizes that property given for love and affection constitutes a gift without consideration.
  • Duties to Inquire: An obligation to investigate if discrepancies arise in title documents.

Miscellaneous Provisions

  • Non-Judicial Foreclosure Elements: Must be thoroughly vetted to ensure compliance with the governing statutes.
  • Adverse Possession: Conditions under which surface occupancy may extend to mineral interests, particularly related to property severance.
  • Blind Trustee Assumptions: Conveyances without disclosed beneficiary information allow presumed authority for trustees.

Practical Considerations

  • Easements and Rights of Way: Essential to identify and list in title examinations to avoid drilling issues.
  • Acknowledgments: Proper recording requirements and implications of defects or omissions on property transfers.
  • Statute of Limitations on Deeds of Trust: Establishes a four-year period following a note’s maturity for enforceability.
  • Guardianship Proceedings: Verification of authority is necessary when reviewing property transactions involving guardianship.

These notes encapsulate crucial aspects of Texas mineral title law and practices, catering to those studying for proficiency in this legal domain.### Divorce Judgments in Texas and Other States

  • Courts from other states lack authority to divest real property located in Texas.
  • Texas courts cannot remove separate property ownership from a spouse.
  • Undivided community property automatically belongs to both spouses equally as tenants in common.

Separate and Community Property - Family Code Provisions

  • Real property purchased during marriage is presumed community property under Standard 14.10.
  • Gifts, devises, or inheritances during marriage qualify as separate property per Standard 14.20 if intent is clear.
  • Separate property includes pre-marriage property, gifts, and personal injury recoveries, except for lost future earnings (Family Code 3.001).
  • Community property comprises all property acquired during marriage, excluding separate property (Family Code 3.002).
  • Property owned by either spouse is presumed community property unless proven otherwise (Family Code 3.003).
  • Each spouse manages their separate property independently (Family Code 3.101) and has sole management of their community property if they owned it if single (Family Code 3.102).
  • Community property mixed in management is jointly managed unless stated otherwise.

Intestacy - Estates Code Provisions

  • In cases of intestacy, a decedent's community property passes to the surviving spouse if children are from the same marriage.
  • If children are from different marriages, the community property is distributed among those children.

Recording of Texas Probates and Foreign Probates - "3-Way Certificate"

  • Exemplified copies of out-of-state wills are valid for chain title but require a 3-way certificate signed by relevant court officials to be recognized.
  • To probate a will from another state, obtain an exemplified copy and a 3-way certificate to file in Texas county records.

Westland Oil Corp. v. Gulf

  • Conveyance includes unrecorded documents that may be known; constructive notice exists when there is a duty to inquire into these documents.

Name Variances

  • Presumption exists that a name is correct unless there are suffixes or real doubts about identity.
  • Idem Sonans allows for assumptions that phonetically similar names refer to the same person.
  • Suffixes can challenge the presumption of identity.
  • A Same Name Affidavit confirms different documents refer to the same individual.

Small Bill

  • Patent survey lines should not intersect navigable streams; however, the Small Bill passed on March 3, 1929, legitimizes certain patents issued prior to or on March 3, 1919, that cross navigable streams.
  • This law grants the patentee ownership of riverbeds as needed to fulfill patent acreage.

Affidavits of Heirship

  • Requires two disinterested witnesses to assert the family lineage.
  • Family members can serve as witnesses if they remain disinterested.

Analysis of Oil & Gas Leases

  • The primary term is the initial drilling period allowed by the lease.
  • Continuous development allows for lease extension if a new well’s drilling commences within a specified time post-completion of a prior well.
  • The proportionate reduction clause ensures that royalty payments to the lessor are adjusted based on the share of the mineral estate they own.

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Test your knowledge of Texas mineral titles with these flashcards. This quiz covers important standards and duties related to title examination in Texas. Perfect for law students or professionals in the mineral title industry.

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